CLAIM FOR SEDUCTION.

Wairarapa Daily Times, Volume 43, Issue 133045, 13 September 1917, Page 6

CLAIM FOR SEDUCTION.

CROSS V. COLQUHOUN.

THE CASE CONCLUDED.

PLAINTIFF' AWAKDED £1000

DAMAGES.

The case in which John Cross, of Masterton, claimed from Alexander Colqiilioun, farmer (now of! Trentham Military Camp), a sum of £2000 for the seduction of his daughter, was concluded before His Honour the Chief Justice (Sir Robert Stout) .yesterday afternoon. Leonard John Matthews (a soldier) stated that he waw a member of the firm of Wall and Matthews, farmers, of Mt. P.ruee. lie Aras acquainted with both defendant and plaintiil'. During tho time he. was farming he was interested in a motor mail service. Ho had met Hronda Cross at the Opnki Settlers' .Hall and had danced with her. It wus his custom 1;o come into Masterton every Saturday night. He came into town on i New Year's Eve. .HIM. Mr ami Miss Wall being in the car. He, saw Miss Cross that'night, and had an ice cream with her, in company with others, lie left town about o'clock, P.i'ondn Cross accompanying them in the ear homo. They dropped her al ■ Kiddoll's oate. He remembered taking HroitdnCross to the pictures at half-time on a certain night. Ho paid for her to go iv. she going upstairs. He promised to meet her after the pictures were over, as she was u'oing home with them in the car. Thoy~cou'ld not, however, see her, and went along to :i marl.de bar for i\. drink. While there .Brenda. Cross came in with :i soldier and partook of refreshments with him. She afterwards left for home iv the car with them. .Ue denied that he attempted to kiss P-ronda Cross, or that she smacked him in the face, He did not remark to her at the fancy dress ball, when she was representing Kider Hazard's ••She," that she should have a mustard tin tied round her neck and represent "hot stuff." Ho accused her at one time of running about with soldiers. His Honour: Mad you any guardianship over the girl .' Witness: None whatever. His Honour: li' you knew that she was iiiisbelwning herself, why did you not tell her parents or Miss CoLquhouiu , Witness, continuing, said he had. seen plaintiff leave a dance with a, man other than Col.niliouii. He had seen the girl ■with other men in. Masterton. Cross-examined by Sir John Findlay: He was intimately acquainted with deiVndant. He and Colquhouii talked the matter over at Camp about a month ago. The happenings referred to took place ~!„„,, two years ago. He was not a. total abstainer, lie. remembered sitting i,, the back seat n>! a car with Uremia Cross when yoing home from Masterton . ( f tl , r 11 oViock.' He was not then in a state of semi-iutoxicution, nor did he try to Ui>s her. It was over the trouble with the, danre committee that Prenda r r ,Ks refused later to .speak to him. ThU was about April, 101 r>. He was. not in love with the girl, nor had he any •MKir.liMiiship over her. He did not sugCe<t that tiie names of the men menHoned by hi'" yore responsible for the iiirl's ruin. Witness couid not recall 11,0 passengers with him to Mastertnn m Hie car on any previous night "ther lh:m _N,,w Year's live, lie was present as a, witness to help his friend. Charles A. Wall, farmer, of Mt. Kruee, snid that ho remembered New Year's Kve of .l'.M-l, when he was in .Masterton. ]le returned homo in his own car, which was driven l.v Matthews. His daughter •aid Mi-s Cross went home with them. Cross-examined by Sir John Findlay: Colquhouii was his prospective son-in-Jaw Jle -was noi, sure if P.renda Cross had ridden in his car before, this parti- ,.„];,- night, or sinre. Dofon.liiiit told hi,,, about lirendu t.'ross sixteen months UL'o. He- could not say when he was asked who rode home "with him on Now Year's live, but. the matter had liecn talked over with Colquhoiiu on several occasions sinre the. issue of the writ. He could not remember who went home with him on a Saturday night prior to the particular New Year's Kve, nor sim-e. His memory was none too good, p.reiida Cross did not come to Masterton that evening in his car, though she went ba.-k with them. It was after a discussion with Colquhoun that his memory was recalled as to who rode in the car on New Year's Kve.

KiUe Wall .s'.ated that she v,-;is engaged to the defendant. She New Year's Kvc of IPM- Slio came into Masterton with her father ami "Mr Matthews. Breiuia Oro.ss went bark with them. She had no doubt of this. Who yat at the b.'K-k of the cnr with Breiidu Cross, who was dropped at Riddeli's j:ate. Cross-examined l>y Sir ."John Findlav: She hid often riddou to Maste'rton before, in her father's car, but I'.ould not remember, prior to this particular nijiht. or since, who 7-r.ilo !o 01 from Masterion in tho car. She was told everything, when Mis* Colqulioun received a letter from Brenda. Cross in May, 191 (5. A few hour.s after receiving the writ Colquhoun conveyed the information to her family. Defendant had sinco talked tho' matter over with her as to who was in tho car on "New Year's Kvc.

Annie Colquhoun, sister of defendant, stated that she received a . letter from Brenda. Cross from .Sydney. There was no request for her to look after the chilil if Brenda, died. Mr Cross camo to her home in Worksop Eoad twic.o looking for Alex. On tho second occaisiuu h<3 asrked her if she was aware Alex. was the father of his daughter's child, and Hint he had </iven her money to leave the country? She replied that she knew nothing about it. Cross said: "if he Joes not pay up he may hear more about it." »She asked Cross , if it was the action of a gentleman to coiiio to a. private- liou.se and upset it because of her brother's affairs. Brenda Cross was at their homo at Opaki on three occasions', and was only once invited.

Cross-examined by Sir .John Findlay: Sim know Brenda Cross , sister fairly intimately. She. received a letter from Brenda Cross telling her that her brother was the father of child, it \v;is lifter this' sh<? tolil Cross she knew nothing about it. She ri>:id the letter, but believed her brother innocent, and quite approved of the, lawyer's letter written in reply to Bronda Cross. »She was prepared to swear that on every occasion the car came into Mastcrton to church, Alex, was a paaenger.

By ifisTlVnior: IV it true that the farmers of the Opriki district do not visit each other unless by invitation?

Witness: It is true of ladv-'helos

John W. Oidouhoun, hrotlier of defendant, said that his brother consulted him after going to Eketahuna to see IMiss dross.

Cross-examined by Sir John Find!ay: He 11 ever went to church on a .Sunday night, <is ho was at iha.t time courting his present wife.

Counsel then addressed tlm jury, and His Honour summed up at some length, carefully weighing the evidence of both sides.-

Tho jury, after a retirement of about three-quarters of an hour, returned n verdict for tho plaintiff, and awarded £1000 damages, with .costs. The nonsuit point raised by Mr T. M. Wilford, that there Avas insufficient corroborative evidence, was reserved for argument in "Wellington.